Ley 155 del 2001
Resumen
Esta ley crea el Cuerpo Interdenominacional de Capellanes de la Administración de Corrección de Puerto Rico. Establece que todas las creencias religiosas deben estar representadas, que los capellanes deben cumplir con las regulaciones de la Administración, y que se designarán tres Directores de Capellanía de diferentes denominaciones. La ley enfatiza la separación entre Iglesia y Estado y la importancia de la rehabilitación espiritual de los confinados.
Contenido
(S. B. 824) (Reconsidered) (No. 155) (Approved November 13, 2001)
AN ACT
To add Section 57 to Act No. 116 of July 22, 1974, as amended, to create the Interdenominational Chaplain Corps of the Corrections Administration and to provide for the approval of the corresponding regulations.
STATEMENT OF MOTIVES
The public policy of the Commonwealth of Puerto Rico is to give priority to the differentiated and individualized treatment of persons who are in contact with the corrections system. For said purpose, the Corrections Administration was created with the powers and necessary flexibility to maximize the rehabilitation of inmate and enable their prompt reintegration into the community as good citizens. Acknowledging that human beings are integral entities in which mental, physical, moral, intellectual, emotional and spiritual health converge as essential elements of their development, we understand that it is important that during the rehabilitation process of persons in custody of the Corrections Administration to promote the internalization of our society's distinctive standards and values. In this rehabilitation process, the significant collaboration of citizens committed to the spiritual development of inmates, to wit, chaplains, ministers, parish priests, priests, reverends, rabbis, and other ordained persons designated and
authorized by the corresponding entities of the diverse religious denominations recognized in Puerto Rico, has been acknowledged.
The valuable collaboration of these persons in the rehabilitation mission, both from the spiritual and secular points of view, shall be framed in the context of our legal system, as provided in Sections 1 and 3 of Article II of the Constitution of the Commonwealth of Puerto Rico; Section 1 of the Act of February 27, 1902, as well as in the First Amendment of the Constitution of the United States of America, and in the Religious Freedom Restoration Act of 1993, P. L. 103-141 of November 16, 1993.
Section 19 of Article VI of the Constitution of the Commonwealth of Puerto Rico provides that it shall be the public policy, among other aspects, to regulate penal institutions to serve their purposes effectively and to promote, within the available resources, an adequate treatment of delinquents to enable their moral and social rehabilitation.
Within the scope of the Executive Branch of the Government of the Commonwealth of Puerto Rico, there are precedents such as that which was established in Section 28 of revoked Act No. 26 of August 22, 1974, as amended, known as the Puerto Rico Police Act of 1974, which authorized the Puerto Rico Police Superintendent to organize a Corps of Chaplains, subject to certain conditions. This precept has been incorporated in the same terms in Section 35 of Act No. 53 of June 10, 1996, in effect, known as the Puerto Rico Police Act of 1996.
Therefore, immediately and as a measure to eradicate any irregularity that may arise, according to those which allegedly occurred in the past, breaching chaplain-inmate and corrections institution relations, and with the desire to acknowledge the arduous and self-effacing work performed to date
in behalf of inmate rehabilitation by the Chaplain Corps, it is proper for the Legislature to approve this Act. To such effect, the Chaplain Corps of the Corrections Administration is hereby created and the implementation of services which promote rehabilitation, and the emotional and spiritual development of the persons in custody of the said agency, is hereby expedited.
BE IT ENACTED BY THE LEGISLATURE OF PUERTO RICO:
Section 1.- Section 57 is hereby added to Act No. 116 of July 22, 1974, as amended, to read as follows: "Section 57.- Creation of the Interdenominational Chaplain Corps of the Corrections Administration.
The Interdenominational Chaplain Corps of the Corrections Administration is hereby created. a) All religious beliefs shall be represented in the Interdenominational Chaplain Corps of the Corrections Administration. All religious beliefs represented by the Interdenominational Chaplain Corps of the Corrections Administration shall be bound to comply with the rules and regulations established by the Administrator of Corrections. b) The Administration shall designate three Chaplaincy Directors of different denominations that lead the spiritual development of the citizenry. Their functions, including the form, term and manner in which they shall be designated, shall be defined through regulation promulgated by the Corrections Administrator for such purposes. Said regulations shall not limit the inmates exercise of freedom of religion.
c) All chaplains shall wear the vestments of their respective religion or religious organization and shall bear an identification card with a photograph prepared by the high officials of their religious organization. d) A strict separation shall be maintained between Church and State, it being understood that the State does not favor any specific religious belief."
Section 2.- The Corrections Administrator shall approve the corresponding regulations for the implementation of this Act within sixty (60) days after its effective date, including the rules concerning the adequate coordination with the maximum authority of the different religious denominations in Puerto Rico. These regulations shall have the duly corresponding force of law.
Any approved norm, rule, regulation or provision which currently regulates chaplaincy services in the Corrections Administration and is not inconsistent with the precepts of this Act, shall remain in effect until such a time that the corresponding regulations pursuant to this Act are approved.
Section 3.- This Act shall take effect immediately after its approval.
CERTIFICATION
I hereby certify to the Secretary of State that the following Act No. 155 (S.B. 824) (Reconsidered) of the $2^{ ext {nd }}$ Session of the $14^{ ext {th }}$ Legislature of Puerto Rico:
AN ACT to add Section 57 to Act No. 116 of July 22, 1974, as amended, to create the Interdenominational Chaplain Corps of the Corrections Administration and to provide for the approval of the corresponding regulations, has been translated from Spanish to English and that the English version is correct.
In San Juan, Puerto Rico, today $15^{ ext {th }}$ of December of 2004.
Elba Rosa Rodríguez-Fuentes Director